Commonwealth v. Dew

The Supreme Judicial Court affirmed Defendant’s convictions of masked armed robbery and of being a subsequent offender, holding (1) Defendant failed to establish by a preponderance of the evidence that a showup identification procedure was so unnecessarily suggestive and conducive to misidentification as to deny him the due process of law; and (2) the trial judge did not commit prejudicial error in denying Defendant’s motion to preclude the victim from making an in-court identification. In so holding, the court declined to extend its holding in Commonwealth v. Collins, 21 NE 3d 528 (Mass. 2014) to preclude all in-court identifications preceded by out-of-court showup identification procedures. View "Commonwealth v. Dew" on Justia Law